NURSING HOMES-RESIDENT RIGHTS

Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care. Provides that all applicable rights under the Medical Patient Rights Act apply to residents under the Act. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every acute care inpatient facility, community-based residential program, and facility employing more than 2 people that provide outpatient mental health services shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) provides for the patient to have the assistance of an advocate; (4) requires a written response to written grievances; and (5) provides for a timely decision by an impartial decision maker if the grievance is not otherwise resolved. Makes other changes. Senate Committee Amendment No. 1 Adds reference to: 210 ILCS 45/2-100 new Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Adds provisions regarding the legislative purpose of the Act and the public policy of the State. Removes language providing that: (1) all residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care, and shall have their human and civil rights maintained in all aspects of medical care; (2) employees and persons providing medical services or care must have up-to-date certification, licensure, and training pursuant to applicable Illinois law; (3) a resident shall have his or her basic human needs accommodated in a timely manner; (4) a resident has the right to maintain his or her autonomy as much as possible, to be a curious and self-actualizing individual, and to engage in intellectual, self-actualizing creative endeavors; and (5) all applicable rights under the Medical Patient Rights Act apply to all residents under the Act. Provides that every facility (rather than every acute care inpatient facility, community-based residential program, and facility that employs more than 2 people who provide outpatient mental health services) shall have a written internal grievance procedure. Makes changes concerning the criteria for the grievance procedure. Removes language requiring the notice of grievance procedure to include contact information for the Department of Public Health and the area nursing home ombudsman pursuant to specified federal provisions. Makes other changes. Senate Floor Amendment No. 5 Deletes reference to: 210 ILCS 45/2-100 new 210 ILCS 45/2-104 from Ch. 111 1/2, par. 4152-104 Adds reference to: 210 ILCS 45/2-113 from Ch. 111 1/2, par. 4152-113 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Provides that residents shall have the right to be treated with courtesy and respect for their individuality by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care. Provides that residents shall not perform labor or services for a facility unless those activities are included for therapeutic purposes and appropriately goal-related in the resident's individual medical record. Provides that every facility shall have a written internal grievance procedure that, at a minimum: (1) sets forth the process to be followed; (2) specifies time limits, including time limits for facility response; (3) informs residents of their right to have the assistance of an advocate; (4) provides for a timely response by an impartial decision maker if the grievance is not otherwise resolved; (5) requires the facility to follow applicable State and federal requirements for responding to and reporting any grievance alleging potential abuse, neglect, misappropriation of resident property, or exploitation; and (6) requires the facility to keep a copy of all grievances, responses, and outcomes for 3 years and provide the information to the Department of Public Health upon request. Requires a facility to post specified information concerning rights protection services and where complaints may be lodged. Provides that a facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website. Makes other changes.